Chapter 29
ENCROACHMENTS
Sections:
29-6. Standards and specifications.
29-9. Security for fees and performance.
29-12. Subsequent alteration of encroachment.
29-1 Definitions.
For purposes of this chapter words and phrases shall have meanings as follows:
(a) Encroach or Encroachment. “Encroach” or “encroachment” means going over, above, upon, or under any county street or right-of-way in such a manner as to disturb, prevent, obstruct, alter, or interfere with its normal use or purpose, and shall further mean any change made over, above, upon, or under any county street or right-of-way which changes in any manner the then-existing physical condition of the environment of said street or right-of-way.
(b) Permittee. “Permittee” means any individual, person, firm, corporation, partnership or public agency and their agents and employees which has been issued a permit.
(c) Public Utility. “Public utility” means any private corporation authorized by law to establish or maintain any works or facilities for service to the public.
(d) Public Agency. “Public agency” means any city, county, public corporation or public district established through due process of law.
(e) Director of Public Works. “Director of public works” means the Colusa County director of public works, or his duly delegated representative authorized to act in his absence. (Ord. No. 379, § 1.)
29-2 Emergency work.
This chapter shall not prevent any person from maintaining or repairing any facility which lawfully encroaches, in instances when the delaying of such work would jeopardize the health or safety of life or property. Any person required to perform emergency work must immediately notify the county public works department or sheriff’s office and must obtain an encroachment permit on the following normal working day. When an emergency exists, the director of public works, shall have full power to order the work performed at the expense of the permittee or owner of the encroachment facilities. (Ord. No. 379, § 1.)
29-3 Permit.
(a) A permit issued by the county director of public works is required for any encroachment by any person except officers and employees of the county acting in the discharge of their official duties and except any person, firm or corporation acting pursuant to a contract with the county to perform specific work in the county streets and rights-of-way.
(b) The director of public works shall prescribe and provide a form of application for use by the applicant which application shall show all information and details which the director may deem necessary to establish the exact location, nature, dimensions, duration and purpose of the proposed encroachment.
(c) The director may require maps, sketches, diagrams or other exhibits sufficient to clearly describe the proposed encroachment and its relation to existing facilities and property lines.
(d) The director may require that the permittee notify and/or obtain approval of adjacent or nearby property owners who may be affected by the proposed encroachment.
(e) The permittee must abide by all local, state and federal laws and regulations which in any manner affect the permit and the county assumes no responsibility or liability for the failure of the permittee to abide by such laws or regulations. (Ord. No. 379, § 1.)
29-4 Public safety.
The permittee shall provide, erect and maintain, at permittee’s expense, all safety devices as required for the proposed encroachment and assumes full responsibility and liability for safety. (Ord. No. 379, § 1.)
29-5 Traffic.
The permittee must perform his work in a manner which will least disturb the normal flow of vehicular and pedestrian traffic and will provide for normal traffic flows unless otherwise approved by the director of public works. Before approval for any significant change to normal traffic flows the permittee must notify all affected agencies including the sheriff, California Highway Patrol, fire and school departments. (Ord. No. 379, § 1.)
29-6 Standards and specifications.
The director shall establish such standards and specifications based on the state specifications and Colusa County standards and as he may deem necessary for the proper construction and maintenance of encroachments including standards and specifications as follows, which may be modified from time to time by the director, if necessary:
(a) Placement or construction of any underground facilities whether temporary or permanent must have a minimum depth of cover of thirty inches below the surface.
(b) No metal wheels or tracks will be allowed on any paved or oiled road surface.
(c) Any excavation of oiled or paved surfaces must be cut or jack hammered to obtain neat, straight lines.
(d) The upper two feet of backfill in excavations must be placed in layers of eight-inch thickness or less and compacted to at least ninety-five percent in all roadside ditches, shoulders and traveled ways, while other areas must be compacted to ninety percent. The upper twelve inches of backfill material must be class two aggregate base or equal in all roadside ditches, shoulders and traveled ways. Existing paved or oiled areas disturbed must be paved with not less than two inches of asphaltic concrete, unless otherwise approved by the director of public works.
(e) Utility poles must be placed within three feet of the right-of-way line.
(f) The permittee must repair any damage to any road facilities as a result of the work done under the permit and maintain the encroachment in a safe manner.
(g) The encroachment work must proceed expeditiously in accordance with the time limits set forth in the permit and upon completion all debris, earth material and construction materials must be entirely removed and the right-of-way left in as presentable condition as before the work started.
(h) The director of public works may prohibit the excavation of streets where the surface is in good condition and may allow or require pipes to be jacked or otherwise forced underneath paved surfaces. (Ord. No. 379, § 1.)
29-7 Inspection and fees.
The director of public works or his subordinates are authorized to make such inspections as he may deem necessary in connection with this chapter and may charge a fee by permittee for such inspection which fee will be based on the actual cost to the county. (Ord. No. 379, § 1.)
29-8 Work by county forces.
The director of public works may require that all or portions of the work be done by county forces using county equipment and materials. In such case, the actual costs including a twenty percent overhead clause of such labor, equipment and materials, may be charged to the applicant or the permittee. (Ord. No. 379, § 1.)
29-9 Security for fees and performance.
The director of public works may require the applicant to place on deposit with the county cash or performance bonds in the amount of estimated charges for inspection, as described in section 29-7 above, and for work to be done by county forces as described in section 29-8 above and may further require that the amount of such cash deposit or bond be adjusted during the progress of the work. The director of public works shall determine within thirty days after completion of the work the total amounts due and the cash deposit or performance bond shall be security for payment of said sums. Any excess of cash deposited in accordance herewith over the actual cost of the work shall be returned to the permittee. (Ord. No. 379, § 1.)
29-10 Liability.
The permittee shall be legally responsible and liable for all personal injury or property damage which may arise out of work performed under a permit authorized and issued under this chapter or which may arise out of failure on the part of the permittee to perform his obligations under the permit and this chapter. In the event any claim of such liability is made against the county of Colusa, or any employee thereof, permittee shall defend, indemnify and hold them and each of them harmless from such claim without cost to the county of Colusa or any office or employee thereof. (Ord. No. 379, § 1.)
29-10.1 Insurance.
The director of public works may require the permittee to file with the department of public works a certificate of insurance evidencing coverage for bodily injury or property damage liability as a condition of issuance of any encroachment permit. Said insurance shall be maintained by the permittee for such limits as required by the director of public works in accordance with public works policy 86-1 for a term commensurate with the project permitted. (Ord. No. 457, § 1.)
29-11 Blanket permits.
Public agencies or public utilities may be granted blanket permits for a period of not to exceed one year upon such terms and conditions as the director of public works may deem advisable. (Ord. No. 379, § 1.)
29-12 Subsequent alteration of encroachment.
In the event the director of public works determines that an encroachment which is completed in accordance with the permit granted hereunder, is detrimental to or hinders the efficient functioning of a county road or right-of-way as it exists or as it may be altered or changed in the future, the existing encroachment shall be altered or changed as required by the director of public works and the costs of such alteration or change shall be borne by the permittee or the then owner of the encroachment.
The director of public works shall give notice of the required alteration or change of the encroachment to the permittee or then owner of the encroachment that such work is required and in the event such work is not accomplished by the permittee or owner within a reasonable time after such notice is given, the director of public works may cause such work to be done and the actual cost thereof shall be a charge against the permittee or owner. (Ord. No. 379, § 1.)
29-13 Severability.
If any section, subsection, paragraph, subparagraph, sentence, clause or phrase of the ordinance codified in this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter and the board of supervisors declares that this chapter and each section, subsection, paragraph, subparagraph, sentence, clause and phrase thereof would have been adopted irrespective of the fact that one or more of such sections, subsections, paragraphs, sentences, clauses, or phrases be declared invalid or unconstitutional. (Ord. No. 379, § 1.)
29-14 Penalties.
Any individual, person, firm, partnership, or corporation, or agent or employee thereof, who violates the provisions of this chapter or does not act in conformance with the requirements of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollars or by imprisonment in the county jail for a term not to exceed six months, or by both such fine and imprisonment. Such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this section is committed, continued or permitted by such person, firm or corporation and shall be punishable as herein provided. (Ord. No. 379, § 1.)